![](\"https:\/\/www.cde.ual.es\/wp-content\/uploads\/2024\/12\/Untitled-design-2024-12-04T171224.430.png\")
<\/p>\nThe European Commission has adopted the revised Block Exemption Regulation applicable to technology transfer agreements (\u2018RECATT\u2019) and the Guidelines on the application of Article 101 of the Treaty to technology transfer agreements (\u2018Guidelines\u2019), following a comprehensive review of the provisions in force since 2014.<\/p>\n
<\/p>\n
Technology transfer agreements are agreements whereby an undertaking holding technology rights such as patents, design rights or copyright in computer software authorises another undertaking, usually by granting a licence, to use those rights to produce goods or services.\u00a0<\/em>As these agreements facilitate the dissemination of technology and encourage research and development, they are generally pro-competitive, but certain agreements or restrictions within them may also have negative effects on competition.<\/p>\n The TTBER exempts technology transfer agreements from the prohibition on anti-competitive agreements laid down in Article 101(1) of the Treaty on the Functioning of the European Union (\u2018TFEU\u2019), provided that certain conditions are met. The Guidelines help undertakings to interpret the TTBER and provide guidance on the assessment of technology transfer and other technology-related agreements that fall outside the scope of the block exemption.<\/p>\n The TTBER and the revised guidelines provide businesses with updated provisions to help them assess the compatibility of their technology licensing agreements with EU competition rules. The changes to the provisions relate to two key features of the digital economy: the strategic importance of data and the increased use of standard-essential technologies for the purposes of interoperability between products.<\/p>\n These new provisions will enter into force on 1 May 2026.<\/p>\n Key changes<\/strong><\/p>\n The main changes to the provisions relate to new market practices:<\/p>\n Further changes have been introduced to clarify and simplify the application of the provisions.<\/p>\n In particular, the application of the RECATT market share thresholds has been simplified for situations where licensing takes place before a technology has been commercialised. In addition, certain conditions of the regulatory safeguard for technology consortia set out in the Guidelines have been specified in greater detail, to ensure that the benefit of the regulatory safeguard is reserved for consortia that comply with Article 101 TFEU. Technology pools are agreements under which multiple technology owners contribute their technology rights to a package that is licensed to the contributing parties and to third parties. Technology pools typically support technology standards, such as telecommunications standards.<\/p>\n More detailed information on the changes can be found in an explanatory note accompanying the revised provisions.<\/p>\n\n